DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Summary
The Applicants arguments and claim amendments received on 01/22/2026 are entered into the file. Currently, claims 1, 4, 5, 15, 116 and 17 are amended; claims 6, 9, 10, 34, 35, 39 and 40 are cancelled; claims 25-33, 36-38 and 41-53 are withdrawn; resulting in claims 1-5, 7, 8, 10-18 and 20-24 pending for examination.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-5, 7, 8, 10-18 and 20-24 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the newly added amendments in lines 5-6 and 9-11 render the claim indefinite. Lines 5-6 recite “a radio-transmissive layer comprising a continuous metal layer and/or continuous metal alloy…”, wherein “continuous” is interpreted by is common definition “marked by uninterrupted extension in space, time or sequence” (See CONTINUOUS Definition & Meaning - Merriam-Webster). Therefore, the metal and/or metal alloy layer is a continuous layer without any spaces or interruptions. However, the newly added limitation in lines 9-11 require that the metal and/or metal alloy has a void. It is not clear how the claimed structure of the metal and/or metal alloy layer can be both continuous and comprise a void, as those two features are in opposition.
The amendments to lines 6-7 require that when the radio transmissive layer is a metal, it is a continuous metal layer, but when the layer is a metal alloy, the claim does not specify that the metal alloy is in the form of a layer. Therefore, it is indefinite as to what form the metal alloy is in, layer or coating or pigment or thread, when used for the radio transmissive layer.
As the metes and bounds of the claimed invention of independent claim 1 are unable to be determined, the scope of the claim is indefinite and prior art is unable to applied at this time.
Regarding claim 1, there is insufficient antecedent basis for the phrase “comprising a metal and/or metal alloy” in line 9-10. Lines 5-6 recite “a continuous metal layer and/or continuous metal alloy”, therefore lines 9-10 should be amended to reflect the claim language of lines 5-6.
Regarding claim 4, the newly added amendment in lines 6-7 and lines 9-11 render the claim indefinite. Lines 6-7 recite “a radio-transmissive layer comprising a continuous metal layer and/or continuous metal alloy…”, wherein “continuous” is interpreted by is common definition “marked by uninterrupted extension in space, time or sequence” (See CONTINUOUS Definition & Meaning - Merriam-Webster). Therefore, the metal and/or metal alloy layer is a continuous layer without any spaces or interruptions. However, the newly added limitation in lines 9-11 require that the metal layer and/or metal alloy has a void. It is not clear how the claimed structure of the metal and/or metal alloy layer can be both continuous and comprise a void, as those two features are in opposition.
Additionally, the amendments to lines 6-7 require that when the radio transmissive layer is a metal, it is a continuous metal layer, but when the layer is a metal alloy, the claim does not specify that the metal alloy is in the form of a layer. Therefore, it is indefinite as to what form the metal alloy is in, layer or coating or pigment or thread, when used for the radio transmissive layer.
As the metes and bounds of the claimed invention of independent claim 4 are unable to be determined, the scope of the claim is indefinite and prior art is unable to applied at this time.
Regarding claim 4, there is insufficient antecedent basis for the phrase “comprising a metal and/or metal alloy” in line 9-10. Lines 6-7 recite “a continuous metal layer and/or continuous metal alloy”, therefore lines 9-10 should be amended to reflect the claim language of lines 5-6.
Regarding claims 15, 16, 17 and 18, the claims all reference the continuous metal layer and/or continuous metal alloy, and therefore are indefinite for the reasons expressed above with respect to claim 1.
Regarding claims 15, 16 and 17, there is insufficient antecedent basis for the phrase “continuous metal layer and/or a continuous metal alloy layer” as recited by the claims. Independent claim 1 from which the aforementioned claims depend recites “a continuous metal layer and/or continuous metal alloy”. The claims should be amended to recite consistent claim language when referencing this layer.
Regarding claim 18, there is insufficient antecedent basis for the phrase “comprising a metal and/or metal alloy”. Lines 5-6 of independent claim 1 recite “a continuous metal layer and/or continuous metal alloy”. The claims should be amended to recite consistent claim language when referencing this layer.
Claims 2-3, 5, 7-8, 10-14, 20-24 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph based upon their dependency from the rejected claims above.
Response to Arguments
Response-Claim Rejections - 35 USC § 102
Applicant’s arguments, see pages 12-14 filed 01/22/2026, with respect to claims 1-4, 7, 8, 10-18 and 2024 have been fully considered and in light of the amendments made to independent claims 1 and 4, prior art is unable to be applied. As stated in the rejections above, the metes and bounds of the claimed invention as stated in independent claims 1 and 4 are unable to be determined, as the claims require contradictory features wherein the metal and/or metal alloy layer be a continuous layer and comprise voids (i.e. areas with lack of the metal and/or metal alloy layer; i.e. non-continuous).
The prior art references to Kim (KR 10-2017-0047070) and to Bicego et al. (US 2020/03398053) may be applied in later office actions depending on the amendments made to address the issues raised in this office action.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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LAURA POWERS
Examiner
Art Unit 1785
/LAURA C POWERS/Primary Examiner, Art Unit 1785
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